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Uploaded by timothywadealston
From: Timothy Alston
To: Michael Opara
Subject: Memo to File
Date: Nov. 22, 2023
We are trying to identify which of the siblings can claim their mom. Three siblings support their mom. The mom does have cash flows of her own; she has interest income, dividend income, and pension as well as receiving support from her children. All total the mom’s cash flow totals $26,350. Amy wants the significant time she spends with the mom to be taken into consideration.
The support test considers the amount of financial support provided but does not consider time spent (IRS)
. I was approached by the three children to act as a tax consultant and determine, under
the tax rules, which child can claim their mother as a dependent. To claim a dependent, you must provide more than 50% of the support
(IRS)
. None of the siblings provide this. The three of them collectively do. Since none of them individually provide more than 50% they must use a multiple
support document. For a sibling to be eligible they must provide at least 10%
(Cornell University)
. Elijah provided 36%, Ben provided 23%, and Amy provided 6%. Amy is not eligible. Elijah and Ben must fill out form 2120 and explain which of them will be claiming their mother this year. Amy does not qualify as time spent is not considered and Amy did not provide at least 10%. Only Elijah and Ben can claim their mom and they must attach form 2120 to specify whom will claim the mom this tax year.
From: Timothy Alston
To: Michael Opara
Subject: Memo to Clients
Nov. 11, 2023
Greetings Elijah, Ben, and Amy. Thank you for reaching out to me and asking me for help in figuring out which of you is allowed under tax law to claim your mother on their taxes. To claim your mother fully one of you must provide at least 50% of her support. None of you reach this requirement which means you must not consider a multi support document. To be eligible for this document you must provide at least 10% support for your mother Amy, while time spent with your mother is commendable, you did not meet the 10% requirement under tax law to be included in the multi support document. Elijah and Ben, you both met the 10% threshold. I recommend that you fill out document 2120 in which you explain which of you will claim your mother this year and how you will claim her going forward and attach this to your tax returns. Thank you all for asking for me help with this tax matter.
Regards, Timothy Alston
References
Cornell University. (n.d.). 26 CFR § 1.152-3 - Multiple support agreements.
Retrieved from Legal Information Institue: https://www.law.cornell.edu/cfr/text/26/1.152-3#:~:text=(3)%20The
%20taxpayer%20claiming%20the,statement%20showing%20the%20names%20of
IRS. (n.d.). CFR-2010-title26-vol2-sec1-152-3.
Retrieved from IRS.gov: https://www.govinfo.gov/content/pkg/CFR-2010-title26-vol2/pdf/CFR-2010-title26-vol2-sec1-
152-3.pdf
IRS. (n.d.). Worksheet for Determining Support.
Retrieved from IRS.gov: https://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_suppor
t_4012.pdf
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